SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN AGREEMENTS.

SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN AGREEMENTS. Section 327 of title 23, United States Code, is amended— (1) in subsection (a)(2)(G), by inserting “, including the payment of fees awarded under section 2412 of title 28” before the period at the end; (2) in subsection (c)— (A) by striking paragraph (5) and inserting the following: “(5) except as provided under paragraph (7), have a term of not more than 5 years;” ; (B) in paragraph (6), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(7) for any State that has participated in a program under this section (or under a predecessor program) for at least 10 years, have a term of 10 years.” ; (3) in subsection (g)(1)— (A) in subparagraph (B), by striking “and” at the end; (B) in subparagraph (C), by striking “annual”; (C) by redesignating subparagraph (C) as subparagraph (D); and (D) by inserting after subparagraph (B) the following: “(C) in the case of an agreement period of greater than 5 years pursuant to subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and” ; and (4) by adding at the end the following: “(m) Agency Deemed to Be Federal Agency.—A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28.” .